Need legal opinion on Overtime Exemption in PA?

Right now my Bf is a systems analyst here in PA. At this time he is being paid a salary and no overtime. However my reading of the PA Labor Laws, it states that computer professionals are not exempt from overtime and should be paid.





My Bf works an average of 65 hours per week, is not provided any comp time and is being run ragged. I have a copy of his job description and it clearly details a position that is of a computer professional. (Windows administrator, network experience, computer setup, design and support) There is nothing in the job description that makes it seem as administrative; however, his company is stating he is considered a professional because of the salary band that he is in %26amp; because he has a Master's degree. Do you think this is a possible case? And if so, does anyone know of a good attorney in the Pittsburgh area that would review the case?





Thanks!

Need legal opinion on Overtime Exemption in PA?
First of all, being run ragged is an occupational hazard for a network administrator.





Every network admin I know (and I know a bunch through the NY Chapter of the Internet Society) is considered to be in the exempt class. The job requires substantial training, calls for the exercise of independent judgment, and is generally accepted as a professional position.





The market has a way of rewarding people who file wage%26amp;hour lawsuits over this classification: it notifies employers of the employee's history and makes it essentially impossible ever to secure work in the non-exempt class. Of course, it also cuts their incomes in half.





He can try, but he'd better be prepared to drop down to drone level.
Reply:You should be talking to the Pennsylvania Labor Board about this.
Reply:Have him contact the Labor Department before he bothers calling an attorney. Usually they will contact you quickly and they are pretty good at telling you the law. Unfortunately he will have to do this quietly because he is an at will employee. If he decides to pursue filing an unfair labor act against the company. He must follow through all the way. This will somewhat protect him from retaliation. You may want to call a local Labor Union like UAW or Teamsters and ask them if they have a labor attorney that they recommend in the area.

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